Background | For More Information
The concern for considering the rights of private property owners in the National Register of Historic Places nomination process emerged with a case in Los Angeles, California when a property owner found his redevelopment proposal possibly subject to local regulatory restrictions because the property was being nominated to the National Register. Although infrequent, there have been instances where nomination to, or listing on, the National Register is directly linked to, and triggers, the application of more direct regulations under State or local law which can affect a private property owner.
In the Los Angeles case, the property owner believed that the National Register nomination process was keeping him from demolishing buildings that he owned. The property owner took his case to Representative George Radanovich, Chairman of the National Parks, Recreation and Public Lands Subcommittee of the House Committee on Resources, where he found a sympathetic ear. Representative Radanovich also listened to Carol Shull, Keeper of the National Register of Historic Places, and to John L. Nau, III, Chairman of the Advisory Council on Historic Preservation. This conversation continued at the June 3, 2003 hearing on H. R. 3223 relating to the Advisory Council on Historic Preservation. In response to questions from Representative Radanovich, Mr. Nau, agreed to provide him with a set of recommendations concerning improving the National Register nomination process. Mr. Nau’s recommendations of August 13, 2003 included suggested actions the NCSHPO could undertake toward that goal.
In its capacity as the State Historic Preservation Officers (SHPOs) national professional association, the NCSHPO has taken a leadership role in emphasizing the role of private property owners in the National Register nomination process and is working with SHPOffices to make certain that their National Register materials are up-to-date and user friendly. The NCSHPO has prepared two (2) companion pieces that address private property rights in the National Register nomination process – these are entitled: “Recommendations for Improving the Consideration of Property Owners Rights in the National Register of Historic Places Nomination Process” and “The National Register of Historic Places and Due Process” (both documents are PDF format).
In the future, the NCSHPO will be working with the SHPOffices to:
- Post “plain English” letters on the NCSHPO website; and
- Post exemplary SHPO property owner notification processes on the NCSHPO website.
Currently, SHPOs are subscribed to the NCSHPO listserv and can use this as a means to post their questions and comments in order to determine how other SHPOs handle specific issues, share thoughts and ideas, and explore ways to improve the National Register program.
For more information about the National Register of Historic Places click here.
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For corrections or comments on the website please contact Kristen Harbeson at harbeson@sso.org
